City’s Selection of Land Management Code Review Committee Favors Special Interests

Friends of Frederick County asks questions of Mayor Holtzinger on the selection process and transparency of the LMC Committee and requests corrections to the names and affiliations of participants:

January 15, 2008

Via Email

William J. Holtzinger

Mayor, City of Frederick

City Hall

101 North Court Street

Frederick, MD 21701-5415

Ref: Land Management Code (LMC) Review Committee Selection Process

Dear Mayor Holtzinger,

We write to inquire about the process for selection of the LMC Review Committee, and the procedures by which the LMC Review Committee will conduct business.  We have the following questions:

1. Who appointed the LMC Review Committee?

2. What criteria were used to appoint the LMC Review Committee?

3. Is the LMC Review Committee subject to the City’s Ethics Ordinance?

4. If not, will the LMC members conduct themselves as if the City’s Ethics Ordinance did apply to them?

5. If LMC members participate in ex parte communication how will they disclose those communications to other LMC Review Committee members and to the public?

Also, we ask that your office kindly provide any corrections to the following list of LMC

Review Committee members:

City Officials (Current/Past):

1. Alan Imhoff (City Alderman, City Planning Commission)

2. Marcia Hall (City Alderman)

3. Elizabeth Fetting (City Planning Commission)

4. Jim Racheff (City Zoning Board)

5. Fred Eisenhart (City Engineering – Grimes, Dougherty)

6. Jim Schmersahl (City Planning – Grimes)

7. Paul Gordon (City Mayor – Gordon)

8. William Hall (City Alderman – Dougherty)

P.O. Box 502, Frederick, MD   21705

Email:  tel:  240 626 5209

9. Bill Brennan (Engineer, former Frederick County’s Board of Appeals)

Developer / Real Estate Community representatives:

1. Brad Benna (Champion Homes)

2. Bryan Burke (LS Associates)

3. Carl Thomas (CPJ & Associates)

4. Cheryl Strafella (Rodgers Consulting)

5. Chris Smariga (Harris & Smariga)

6. Chris Weaver (Macintosh Realy)

7. Dan LaVelle (Eduro – Tom Poss)

8. Fred Eisenhart (City Engineering)

9. Krista McGowan (Miles Stockbridge)

10. Marc DeOcampo (LS Associates)

11. Reid Hammond (Eduro – Tom Poss)

12. Robert Smariga (Harris & Smariga)

13. Tamar Osterman (Frederick County Association of Realtors)

14. Carol Krimm  (Clagett Enterprises)


1. Belinda Morton (Nature Photographer)

2. Gerald Harris

3. Jason Judd (new Frederick County resident)

4. Renell Jones

Additionally, FoFC board and members encourage Frederick City to make the meetings available via webcast for greater public access.   Until that technology is functional for thecity please tape the meetings for webcast later and televise them now on the City’s channel 99-  so they too will be accessible. Thank you.


Janice S. Wiles

Executive Director


Board of Alderman:  C. Paul Smith, Donna Kuzemchak, Alan E. Imhoff, Marcia A. Hall, David

P. Koontz

Planning Commission:  Josh Bokee, Meta Nash, Elizabeth Fetting, Krag Sichelstiel

Joe Adkins, Manager of Comprehensive Planning

Press: Adam Behsudi, Frederick News Post;  Sherry Greenfield and Keith Martin, Gazette

Please note that FoFC has learned of two corrections to affiliations of participants on the LMC Committee: Carol Krimm works for Delegate Clagett and Robert Smariga works for Northwestern Mutual Life Insurance Company. What is the LMC? The Frederick City Land Management Code (LMC), a compilation of local laws and regulations that govern the development and use of the City’s land, was last adopted on July 21, 2005 and is currently in committee for review. The LMC is to be completely consistent with the Frederick City Comprehensive Plan. The LMC is adopted to: • implement the policies of the Comprehensive Plan; • control congestion in the streets; • secure the public safety; • promote health and the general welfare; • provide adequate light and air; • promote the conservation of natural resources; • prevent environmental pollution; • avoid undue concentration of population; and • facilitate the adequate provisions of transportation, water, sewerage, schools, recreation, soil conservation, landscaping, parks and other public facilities and services. The LMC is to consider: • the character of the City; • the suitability of its various areas for particular uses; • the desire to enhance the value of buildings and encourage the orderly development; and • the most appropriate use of land throughout the jurisdiction. The LMC applies to all properties within the corporate limits of the City of Frederick, Maryland. Except as hereafter specified, no land, building, structure or premises shall be used, no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted or altered except in conformity with the regulations specified for the district in which it is located and with the regulations pertaining to all districts as set forth herein. Interpretation and application of the provisions of the LMC shall be regarded as the basic and minimum requirements for the protection of public health, safety, comfort, morals, convenience, prosperity and welfare. The Land Management Code shall be liberally interpreted in order to further its underlying purposes. No development shall occur on any property within the City until the applicable permits, approvals and certificates for such activity or development have been issued and approved by the officials with the authority to approve the same pursuant to Article 3 and 5 of the Land Management Code.